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(2007) 2 MLJ 487 (Mad)
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Present : K. Chandru, J.
Case Number(s) : C.R.P. (NPD) No. 695 of 2006 and C.M.P. No. 5750 of 2006
Judgement Date :
Wednesday 21st of February 2007
| Aarthi J. Ram, rep. by her Power Agent J. Indra | .....Appellant(s) | | Versus | | | V.K. Balasundaram | .....Respondent(s) |
(A) Hindu Marriage Act (25 of 1955), Sections 13, 27 — Application filed under Section 27 during the pendency of divorce proceeding — Maintainability — No doubt an order under Section 27 has to form part of the decree in any proceeding under the Act — But there is no bar under the statute that such application cannot be made after the disposal of the main case.
(B) Hindu Marriage Act (25 of 1955), Section 27 — Family Courts Act (66 of 1984), Section 7 — Property presented at the time of marriage — Application filed by the husband under Section 27 to deposit the jewels and other articles, pending divorce proceeding — Revision petitioner remained
ex parte — Family Court granted divorce and directed the revision petitioner to return the articles — Revision petitioner remained
ex parte since articles were handed over to her in the Police Station and acknowledgment was taken from her in view of compromise arrived between the parties — Now claim of the respondent that the jewellery exclusively belongs to him and not
stridhan property cannot be sustained — Revision petition allowed —
Cases Referred
A. Mannan Khan v. Judge, Family Court Hyderabad AIR 2001 AP 163
Abdul Jaleel v. Sahida 1997 (1) KLT 734
Anju Bhargava v. Rajesh Bhargava 1986 (2) HLR 393
Aruna Madan v. Subhash Madan 1994 DMC 59
B. P. Achala Anand v. S. Appi Reddy (2005) 2 MLJ 80 (SC)
Dr. Suraj Parkash v. Mohinder Pal Sharma AIR 1988 P & H 218
K. A. Abdul Jaleel v. T. A. Shahida (2003) 2 MLJ 202
N. R. Gopal v. K. G. Banumathi (2000) 2 MLJ 107
Ruma Chakraborty v. Sudha Rani Banerjee AIR 2005 SC 3557
Sangeeta Balkrishna Kadam v. Balkrishna Ramachandra Kadam AIR 1994 Bom. 1
Subhash Lata v. V. N. Khanna AIR 1992 Del. 14
V. B. Jaganathan v. A. R. Srividhya (1997) 2 MLJ 366
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